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Province of Rizal vs. Executive Secretary, GR 129546 (2005)
Province of Rizal vs. Executive Secretary, GR 129546 (2005)
Order on 19 January 2001. On 24 January 2001, SC issued the Temporary Restraining Order
prayed for, effective immediately and until further orders. Meanwhile, on 26 January 2001,
Republic Act No. 9003, otherwise known as The Ecological Solid Waste Management Act of
2000, was signed into law by President Estrada.
Issues:
1. Whether or not respondent MMDA agreed to the permanent closure of the San Mateo
Landfill as of December 2000; and
2. Whether or not the permanent closure of the San Mateo landfill is mandated by Rep. Act No.
9003.
Held:
San Mateo Landfill will remain permanently closed. Proclamation No. 635 is illegal.
A mere MOA does not guarantee the dumpsites permanent closure. The court also
held that the records of this case indicate two self-evident facts. The San Mateo site has
adversely affected its environs, and sources of water should always be protected. Adverse effects
of the site were reported as early as of June 1989. MMA was also informed that the heavy
pollution and risk of disease generated by dumpsites rendered the location of a dumpsite within
the Marikina Watershed Reservation incompatible with Laguna Lake Development Authoritys
(LLDA) program of upgrading the water quality of the Laguna Lake. Investigation Reports
regarding the respiratory illnesses among pupils of a primary school located approximately 100
meters from the site, as well as the constant presence of large flies and windblown debris all over
the schools playground were also submitted. Leachate treatment plant eroded twice already,
contaminating the nearby creeks that were sources of potable water for the residents. The
contaminated water was also found to flow to the Wawa Dam and Boso-boso River, which in
turn empties into Laguna de Bay.
Protection of watersheds is an intergenerational responsibility that needs to be
answered now. Three short months before Proclamation No. 635 was passed to avert the garbage
crisis, Congress had enacted the National Water Crisis Act to adopt urgent and effective
measures to address the nationwide water crisis which adversely affects the health and well-being
of the population, food production, and industrialization process. One of the issues the law
sought to address was the protection and conservation of watersheds. Respondents actions in
the face of such grave environmental consequences defy all logic. The petitioners rightly noted
that instead of providing solutions, they have, with unmitigated callousness, worsened the
problem.
The Reorganization Act of the DENR defines and limits its powers over the countrys
natural resources. The Administrative Code of 1987 and Executive Order No. 192 entrust the
DENR with the guardianship and safekeeping of the Marikina Watershed Reservation and our
other natural treasures. Although the DENR owns the Marikina Reserve, it is but is defined by
the declared policies of the state, and is subject to the law and higher authority. Section 2, Title
XIV, Book IV of the Administrative Code of 1987, while specifically referring to the mandate of
the DENR, makes particular reference to the agencys being subject to law and higher authority.
With great power comes great responsibility. It is the height of irony that the public respondents
have vigorously arrogated to themselves the power to control the San Mateo site, but have deftly
ignored their corresponding responsibility as guardians and protectors of this tormented piece of
land.
The Local Government Code gives to LGUs all the necessary powers to promote the
general welfare of their inhabitants. The circumstances under which Proclamation No. 635 was
passed also violates R.A. No 7160, or the Local Government Code. Proclamation No. 635,
which was passed on 28 August 1995, is subject to the provisions of the Local Government
Code, which was approved four years earlier, on 10 October 1991. Section 2(c) of the said law
declares that it is the policy of the state to require all national agencies and offices to conduct
periodic consultations with appropriate local government units, non-governmental and people's
organizations, and other concerned sectors of the community before any project or program is
implemented in their respective jurisdictions. Likewise, Section 27 requires prior consultations
before a program shall be implemented by government authorities and the prior approval of the
sanggunian is obtained.
Under the Local Government Code, therefore, two requisites must be met before a
national project that affects the environmental and ecological balance of local communities can
be implemented: prior consultation with the affected local communities, and prior approval of
the project by the appropriate sanggunian. Absent either of these mandatory requirements, the
projects implementation is illegal.
Approved on 26 January 2001, The Ecological Solid Waste Management Act of 2000
was enacted pursuant to the declared policy of the state to adopt a systematic, comprehensive
and ecological solid waste management system which shall ensure the protection of public health
and environment, and utilize environmentally sound methods that maximize the utilization of
valuable resources and encourage resource conservation and recovery. It requires the
adherence to a Local Government Solid Waste Management Plan with regard to the collection
and transfer, processing, source reduction, recycling, composting and final disposal of solid
wastes, the handling and disposal of special wastes, education and public information, and the
funding of solid waste management projects.
The said law mandates the formulation of a National Solid Waste Management
Framework, which should include, among other things, the method and procedure for the
phaseout and the eventual closure within eighteen months from effectivity of the Act in case of
existing open dumps and/or sanitary landfills located within an aquifer, groundwater reservoir or
watershed area. Any landfills subsequently developed must comply with the minimum
requirements laid down in Section 40, specifically that the site selected must be consistent with
the overall land use plan of the local government unit, and that the site must be located in an
area where the landfills operation will not detrimentally affect environmentally sensitive
resources such as aquifers, groundwater reservoirs or watershed areas.